KIND Macayo, LLC v. Blue Macaw Mexican Restaurant, LLC et al
Plaintiff: KIND Macayo, LLC
Defendant: Penny Haddad, Edmon Haddad, Blue Macaw Mexican Restaurant, LLC and Macayo Vegas, Inc.
Case Number: 2:2019cv01451
Filed: August 20, 2019
Court: US District Court for the District of Nevada
Presiding Judge: Jennifer A Dorsey
Referring Judge: Cam Ferenbach
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 15, 2019 Opinion or Order Filing 38 ORDER Granting #37 Stipulation for Extension of Time. The Haddad Defendants' response to the #1 Verified Complaint would be due on 11/1/2019, and their response to #4 the Motion for Preliminary Injunction would be due on 10/25/2019. Signed by Judge Jennifer A. Dorsey on 10/15/2019. (Copies have been distributed pursuant to the NEF - JQC)
October 10, 2019 Filing 37 Fourth STIPULATION FOR EXTENSION OF TIME (Fourth Request) re #4 Motion for Preliminary Injunction, #1 Complaint,,,,, by Defendants Blue Macaw Mexican Restaurant, LLC, Edmon Haddad, Penny Haddad. (Williams, J)
October 9, 2019 Opinion or Order Filing 36 ORDER Granting #33 Stipulation of Extension of Time. The parties have agreed to an additional extension of time for Plaintiff to file and serve its reply to MVI's Response to Plaintiff's Motion for Preliminary Injunction and its opposition to MVI's Cross Motion to Dismiss from 10/11/2019 to 10/25/2019. Signed by Judge Jennifer A. Dorsey on 10/9/2019. (Copies have been distributed pursuant to the NEF - JQC)
October 9, 2019 Opinion or Order Filing 35 ORDER Granting #32 Stipulation for Extension of Time. The Haddad Defendants' response to the Verified Complaint would be due on 10/18/2019, and their response to the Motion for Preliminary Injunction would be due on 10/11/2019. Signed by Judge Jennifer A. Dorsey on 10/9/2019. (Copies have been distributed pursuant to the NEF - JQC)
October 9, 2019 Opinion or Order Filing 34 ORDER Granting #31 Stipulation for Extension of time Re: #4 Motion for Preliminary Injunction, Replies due by 10/11/2019; #22 Motion to Dismiss, Responses due by 10/11/2019. Signed by Judge Jennifer A. Dorsey on 10/9/2019. (Copies have been distributed pursuant to the NEF - JQC)
October 9, 2019 Filing 33 STIPULATION FOR EXTENSION OF TIME (Third Request) re #4 Motion for Preliminary Injunction, #22 Motion to Dismiss, by Plaintiff KIND Macayo, LLC. (Fountain, Jonathan)
October 2, 2019 Filing 32 Third STIPULATION FOR EXTENSION OF TIME (Third Request) re #4 Motion for Preliminary Injunction, #1 Complaint,,,,, by Defendants Blue Macaw Mexican Restaurant, LLC, Edmon Haddad, Penny Haddad. (Williams, J)
October 2, 2019 Filing 31 STIPULATION FOR EXTENSION OF TIME (Second Request) re #4 Motion for Preliminary Injunction, #22 Motion to Dismiss, by Plaintiff KIND Macayo, LLC. (Fountain, Jonathan)
September 19, 2019 Opinion or Order Filing 30 ORDER Granting #28 Stipulation for Extension of Time Re: #4 Motion for Preliminary Injunction, Replies due by 10/3/2019; #22 Motion to Dismiss, Responses due by 10/3/2019. Signed by Judge Jennifer A. Dorsey on 9/19/2019. (Copies have been distributed pursuant to the NEF - JQC)
September 19, 2019 Opinion or Order Filing 29 ORDER Granting #27 Stipulation for Extension of Time. the Haddad Defendants' response to the Verified Complaint would be due on 10/11/2019, and their response to the Motion for Preliminary Injunction would be due on 10/4/2019. Signed by Judge Jennifer A. Dorsey on 9/19/2019. (Copies have been distributed pursuant to the NEF - JQC)
September 19, 2019 Filing 28 STIPULATION FOR EXTENSION OF TIME (First Request) re #22 Motion to Dismiss, #4 Motion for Preliminary Injunction by Plaintiff KIND Macayo, LLC. (Fountain, Jonathan) Modified on 9/19/2019 pursuant to LR IC 2-2(d) (DKJ).
September 19, 2019 Filing 27 Second STIPULATION FOR EXTENSION OF TIME (Second Request) re #4 Motion for Preliminary Injunction, #1 Complaint,,,,, by Defendants Blue Macaw Mexican Restaurant, LLC, Edmon Haddad, Penny Haddad. (Williams, J)
September 6, 2019 Opinion or Order Filing 26 ORDER Granting #25 Stipulation for Extension of Time #1 Complaint; #4 Motion for Preliminary Injunction. Accordingly, The Haddad Defendants' response to the Verified Complaint would be due on 9/27/2019, and their response to the Motion for Preliminary Injunction would be due on 9/20/2019. Signed by Judge Jennifer A. Dorsey on 9/6/2019. (Copies have been distributed pursuant to the NEF - JQC)
September 6, 2019 Filing 25 STIPULATION FOR EXTENSION OF TIME (First Request) re #4 Motion for Preliminary Injunction, #1 Complaint,,,,, by Defendants Blue Macaw Mexican Restaurant, LLC, Edmon Haddad, Penny Haddad. (Williams, J)
September 6, 2019 Filing 24 CLERK'S NOTICE. Attorney Action Required to ECF No. #22 , #23 , #20 , #21 . Documents are not in compliance with LR IA 10-2, as the case number is deficient. Counsel is advised to correct the case number for all future filings to 2:19-cv-01451-JAD-VCF to be in compliance with LR IA 10-2. No further action is required to #22 , #23 , #20 , #21 . (no image attached) (DKJ)
September 5, 2019 Filing 23 CERTIFICATE of Interested Parties by Macayo Vegas, Inc.. There are no known interested parties other than those participating in the case (Williams, Wes)
September 5, 2019 Filing 22 Cross MOTION to Dismiss by Defendant Macayo Vegas, Inc.. Responses due by 9/19/2019. Discovery Plan/Scheduling Order due by 10/20/2019. (Williams, Wes) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
September 5, 2019 Filing 21 RESPONSE to #4 Motion for Preliminary Injunction by Defendant Macayo Vegas, Inc.. Replies due by 9/12/2019. (Williams, Wes)
September 5, 2019 Filing 20 NOTICE of Appearance by attorney Wes Williams on behalf of Defendant Macayo Vegas, Inc.. (Williams, Wes)
August 23, 2019 Filing 19 SUMMONS Returned Executed by KIND Macayo, LLC re #11 Summons Issued. Penny Haddad served on 8/21/2019, answer due 9/11/2019. (Fountain, Jonathan)
August 23, 2019 Filing 18 SUMMONS Returned Executed by KIND Macayo, LLC re #11 Summons Issued. Macayo Vegas, Inc. served on 8/22/2019, answer due 9/12/2019. (Fountain, Jonathan)
August 23, 2019 Filing 17 SUMMONS Returned Executed by KIND Macayo, LLC re #11 Summons Issued. Blue Macaw Mexican Restaurant, LLC served on 8/22/2019, answer due 9/12/2019. (Fountain, Jonathan)
August 23, 2019 Filing 16 SUMMONS Returned Executed by KIND Macayo, LLC re #11 Summons Issued. Edmon Haddad served on 8/23/2019, answer due 9/13/2019. (Fountain, Jonathan)
August 22, 2019 Filing 15 DECLARATION of Michael Holpuch in Support of Plaintiff's Motion for Preliminary Injunction re #4 Motion for Preliminary Injunction by Plaintiff KIND Macayo, LLC. (Attachments: #1 Exhibit A - Curriculum Vitae of Michael Holpuch, #2 Exhibit B - Macayo Vegas Facebook Posts) (Fountain, Jonathan)
August 21, 2019 Filing 14 CLERK'S NOTICE that this case is randomly reassigned to Judge Jennifer A. Dorsey for all further proceedings. All further documents must bear the correct case number 2:19-cv-01451-JAD-VCF. (no image attached) (DKJ)
August 21, 2019 Filing 13 MINUTE ORDER IN CHAMBERS of the Honorable Judge Kent J. Dawson on 8/21/2019. By Deputy Clerk: D. Saavedra. With good cause appearing, the Honorable Judge Kent J. Dawson recuses himself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - DXS)
August 21, 2019 Filing 12 NOTICE of Corrected Image/Document re #1 Complaint,,,,, by Plaintiff KIND Macayo, LLC. (Service of corrected image is attached.) (Fountain, Jonathan)
August 21, 2019 Filing 11 Summons Issued as to Blue Macaw Mexican Restaurant, LLC, Edmon Haddad, Penny Haddad, Macayo Vegas, Inc. re #1 Complaint. (JQC)
August 21, 2019 Filing 10 AO 120 - REPORT on the filing or determination of an action regarding a patent or trademark. E-mailed to the US Patent and Trademark Office. (Attachments: #1 Complaint) (JQC)
August 21, 2019 Case randomly assigned to Judge Kent J. Dawson and Magistrate Judge Cam Ferenbach. ***Emergency motion previously filed in case.*** (JQC)
August 20, 2019 Filing 5 MOTION to Seal #4 Motion for Preliminary Injunction, #1 Complaint,,,,, by Plaintiff KIND Macayo, LLC. (Fountain, Jonathan)
August 20, 2019 Filing 4 MOTION for Preliminary Injunction by Plaintiff KIND Macayo, LLC. Responses due by 9/3/2019. (Attachments: #1 Declaration of Brian Durette) (Fountain, Jonathan)
August 20, 2019 Filing 3 CERTIFICATE of Interested Parties by KIND Macayo, LLC that identifies all parties that have an interest in the outcome of this case. Corporate Parent Kind Hospitality, Inc., Other Affiliate Nava Singam for KIND Macayo, LLC added. (Fountain, Jonathan)
August 20, 2019 Filing 2 NOTICE of Manual Filing by Plaintiff KIND Macayo, LLC re #1 Complaint,,,,,. Object: DVD, Volume(s): 1, Description: A video of a portion of the Channel 8 News broadcast that aired August 8, 2019, manually filed with the Clerk's Office. (Fountain, Jonathan)
August 20, 2019 Filing 1 VIEW #12 corrected image to Exhibit O re COMPLAINT against KIND Macayo, LLC (Filing fee $400 receipt number 0978-5672648) by KIND Macayo, LLC. Proof of service due by 11/18/2019. (Attachments: #1 Exhibit A - Trademark Registration Certificates, #2 Exhibit B - Filed Under Seal, #3 Exhibit C - Filed Under Seal, #4 Exhibit D - February 25, 2019 Facebook Post, #5 Exhibit E - March 28, 2019 Eater.com Article, #6 Exhibit F - June 12, 2019 Fox 5 Article, #7 Exhibit G - June 12, 2019 Local Restaurant News Blog Post, #8 Exhibit H - June 12, 2019 Jess Magdefrau Twitter Feed, #9 Exhibit I - June 13, 2019 - Eater.com Article, #10 Exhibit J - June 16, 2019 Pages from LasVegasAdvisor.com, #11 Exhibit K - July 27, 2019 - Macayo Vegas Facebook Page, #12 Exhibit L - July 30, 2019 - Eater.com Article, #13 Exhibit M - August 5, 2019 Facebook Post, #14 Exhibit N - Filed Manually, #15 Exhibit O - August 9, 2019 Eater.com Article, #16 Civil Cover Sheet, #17 Summons Blue Macaw Mexican Restaurant, LLC, #18 Summons Edmon Haddad, #19 Summons Penny Haddad, #20 Summons Macayo Vegas, Inc.)(Fountain, Jonathan) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.

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Plaintiff: KIND Macayo, LLC
Represented By: Jonathan W Fountain
Represented By: Jennifer R. Lloyd
Represented By: Adam Ellis
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Defendant: Penny Haddad
Represented By: J Colby Williams
Represented By: Donald J. Campbell
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Defendant: Edmon Haddad
Represented By: J Colby Williams
Represented By: Donald J. Campbell
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Defendant: Blue Macaw Mexican Restaurant, LLC
Represented By: J Colby Williams
Represented By: Donald J. Campbell
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Defendant: Macayo Vegas, Inc.
Represented By: Wes Williams
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